Cadet Forces Regulations 1977

Statutory Rules 1977 No. 206 as amended

made under the

Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923

This compilation was prepared on 24 December 2003
taking into account amendments up to SR 2001 No. 278 and Act No. 135 of 2003

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Part I Preliminary

 1 Name of regulations [see Note 1] 

 2 Interpretation 

 3 Delegation 

 3A Application of Criminal Code

Part II Organization of and service in a cadet force

 4 Organization of cadet forces 

 5 Appointment of officers and instructors 

 6 Commanding officer of a unit 

 7 Minimum and maximum ages for cadets 

 8 Acceptance and enrolment as a cadet 

 9 Service of cadets 

 10 Ranks 

 11 Promotions 

 12 Retirement of instructors and officers 

 13 Resignation or request for discharge 

 14 Discharge or termination of appointment 

 15 Wearing of uniforms 

Part IV Miscellaneous

 23 Intoxicating liquor not to be supplied to cadets in uniform who are under 18 years of age             

 24 State or Territory gun licensing laws 

Schedule 1 Ranks in the Naval Reserve Cadets 

Schedule 2 Ranks in the Australian Cadet Corps 

Schedule 3 Ranks in the Air Training Corps 

Notes  

Part I Preliminary

1 Name of regulations [see Note 1]

  These regulations are the Cadet Forces Regulations 1977.

2 Interpretation

  In these Regulations, unless the contrary intention appears:

cadet force means the Naval Reserve Cadets, the Australian Cadet Corps or the Air Training Corps.

commanding officer means the commanding officer of a unit.

continuous training means a period of continuous training of not less than 2 days duration, at a camp or course of instruction.

day means a period of 24 hours.

financial year means a period commencing on 1 July and ending on the following 30 June.

instructor means an instructor in a cadet force.

member means an officer, instructor or cadet in a cadet force.

officer means an officer in a cadet force.

Permanent Force means the Permanent Naval Forces, the Australian Regular Army or the Permanent Air Force.

service chief, in relation to a cadet force or a member of a cadet force, means the service chief administering that cadet force under section 62 of the Defence Act 1903, section 39 of the Naval Defence Act 1910 or section 8 of the Air Force Act 1923, as the case requires.

unit means one of the units into which a cadet force is divided by regulation 4.

3 Delegation

 (1) A service chief may delegate:

 (a) in the case of the Chief of Navy, to an officer of the Navy holding the rank of Lieutenant-Commander or a higher rank;

 (b) in the case of the Chief of Army, to an officer of the Army holding the rank of Major or a higher rank; or

 (c) in the case of the Chief of Air Force, to an officer of the Air Force holding the rank of Squadron Leader or a higher rank;

either generally or otherwise as provided in the instrument of delegation, all or any of his powers and functions under these Regulations, except this power of delegation.

 (2) A power or function delegated under this regulation may be exercised or performed by the delegate in accordance with the instrument of delegation.

 (3) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by a service chief.

3A Application of Criminal Code

  Chapter 2 of the Criminal Code applies to offences against these Regulations.

Note   Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 

Part II Organization of and service in a cadet force

4 Organization of cadet forces

  A cadet force is divided into units authorized by the service chief.

5 Appointment of officers and instructors

 (1) The service chief may appoint as officers or instructors in a cadet force persons who are suitable to supervise and control the training programme for, and the activities of, cadets enrolled in a unit.

 (2) A person shall not be appointed an instructor unless he has attained the age of 18 years.

 (3) A person shall not be appointed an officer unless he has attained the age of 19 years.

6 Commanding officer of a unit

  The service chief may appoint an officer in a cadet force to be the commanding officer of a unit.

7 Minimum and maximum ages for cadets

 (1) For the purposes of paragraph 8 (5) (a) of the Air Force Act 1923, paragraph 62 (5) (a) of the Defence Act 1903 or paragraph 38 (5) (a) of the Naval Defence Act 1910, a person is not entitled to volunteer, or to be accepted, as a cadet unless he has attained the age of 12 years and 6 months.

 (2) For the purposes of subsection 8 (6) of the Air Force Act 1923 or subsection 62 (6) of the Defence Act 1903, a person ceases to be a cadet in the Australian Cadet Corps or the Air Training Corps when he attains the age of 20 years.

8 Acceptance and enrolment as a cadet

 (1) A person may volunteer as a cadet by furnishing to the commanding officer an application in accordance with a form approved by the service chief.

 (2) The commanding officer may accept as a cadet in the cadet force a person who furnishes to him an application under subregulation (1).

 (3) When the commanding officer accepts a person as a cadet under subregulation (2), the commanding officer shall enrol that person as a cadet in his unit.

9 Service of cadets

  A cadet is entitled to take part in the activities of the unit in which he is enrolled and to attend the training provided by that unit.

10 Ranks

 (1) The ranks in a cadet force shall be:

 (a) in the case of the Naval Reserve Cadets, as specified in Schedule 1;

 (b) in the case of the Australian Cadet Corps, as specified in Schedule 2; and

 (c) in the case of the Air Training Corps, as specified in Schedule 3.

 (2) A rank specified in Schedule 1, 2 or 3:

 (a) is junior to each rank specified after it in the same, or specified in a subsequent, column of that Schedule; and

 (b) is senior to each rank specified before it in the same, or specified in a preceding, column of that Schedule.

 (3) A person appointed under regulation 5 to be an officer or instructor holds, upon appointment, the rank specified in the instrument of appointment by the service chief having regard to the age and experience of the person and the vacancies in the establishment of the unit in which the person is to serve.

 (4) A person accepted and enrolled under regulation 8 as a cadet in a cadet force holds, upon being accepted and enrolled, the most junior rank of cadet or the rank determined by the commanding officer.

11 Promotions

 (1) The service chief may promote a member of a cadet force.

 (2) When exercising his power under subregulation (1), the service chief must have regard to the age and length of service of the member and any recommendations concerning his promotion made to the service chief by the commanding officer of his unit or by the officer who is responsible, on behalf of the service chief, for the administration of the cadet force in the region where that unit is located.

12 Retirement of instructors and officers

 (1) Subject to subregulation (2), an instructor or officer in a cadet force shall retire from the cadet force on attaining the age of 60 years.

 (2) A service chief may extend the appointment of an instructor or officer beyond the age of 60 years for 1 or more successive periods of 2 years if:

 (a) the instructor or officer consents to the extension; and

 (b) at the time of the extension, the instructor or officer is suitable for further service; and

 (c) the extension would be in the interest of the cadet force.

13 Resignation or request for discharge

 (1) A cadet may furnish to the commanding officer of the unit in which he is enrolled a request in writing to be discharged under subregulation 14 (1) from the cadet force to which he belongs.

 (2) An instructor or officer may resign from a cadet force by delivering to an officer of the Defence Force authorized in writing by the service chief for the purpose of this regulation a notice of his intention to resign from the cadet force.

 (3) A resignation under subregulation (2) takes effect on the day immediately following the day on which the notice is received by the officer authorized for the purpose of this regulation or on such later day as is specified in the notice.

14 Discharge or termination of appointment

 (1) Where the commanding officer receives from a cadet enrolled in his unit a request in writing under subregulation 13 (1), he shall discharge the cadet.

 (2) Subject to subregulation (3), a cadet may, at any time, be discharged, or the appointment of an instructor or officer may be terminated, by the service chief, for any of the following reasons:

 (a) that the member is unsuitable to be a member;

 (b) that the member’s attendance at the activities and training programme of his unit has been unsatisfactory;

 (c) that the member is medically unfit;

 (d) in the case of a cadet — that the unit in which the member is enrolled or in which he is serving is to be or has been disbanded;

 (e) in the case of a cadet — where the unit in which the member is enrolled is located at a school, that the member has ceased to attend that school;

 (f) in the case of a cadet — that, upon his discharge, he will be appointed as an instructor or officer;

 (g) in the case of an instructor — that, upon the termination of his appointment, he will be appointed as an officer.

 (3) A member shall not be discharged or have his appointment terminated for a reason specified in paragraph (2) (a), (b) or (c), unless he has been notified of that reason for the intended discharge or termination of appointment and been given an opportunity to contest it.

 (4) A member who decides to contest his discharge or the termination of his appointment shall give notice of the grounds on which he will do so to the commanding officer of his unit:

 (a) not later than 28 days after he is notified of the reasons for the intended discharge or termination; or

 (b) within any further period that may be allowed by the service chief.

15 Wearing of uniforms

  The uniforms to be worn by members, and the circumstances in which members are required or permitted to wear those uniforms, shall be as determined by the service chief, and may include uniforms lawful authority for the wearing of which by members has been given under subsection 83 (3) of the Defence Act 1903.

Part IV Miscellaneous

23 Intoxicating liquor not to be supplied to cadets in uniform who are under 18 years of age

 (1) For the purposes of section 123AA of the Defence Act 1903 and section 44E of the Naval Defence Act 1910, the prescribed age is 18 years.

 (2) A person is guilty of an offence if:

 (a) the person sells or supplies intoxicating liquor to another person; and

 (b) that other person is a member of the Air Training Corps, is under 18 years, and is in uniform. 

Penalty:   1 penalty unit. 

 (3) Subregulation (2) does not apply if the liquor is sold or supplied by direction of a duly qualified medical practitioner.

Note   A defendant bears an evidential burden in relation to the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code). 

 (4) An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

24 State or Territory gun licensing laws

  It shall not be necessary for a member by reason of any law of a State or Territory to obtain or have any licence or permission to possess, use or carry a rifle or other firearm, belonging to the Commonwealth, if that possession, use or carriage is necessary for his participation in the activities of the cadet force of which he is a member.

Schedule 1 Ranks in the Naval Reserve Cadets

(subregulation 10 (1))

Schedule 2 Ranks in the Australian Cadet Corps

(subregulation 10 (1))

Schedule 3 Ranks in the Air Training Corps

(subregulation 10 (1))

Notes to the Cadet Forces Regulations 1977

Note 1

The Cadet Forces Regulations 1977 (in force under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923) as shown in this compilation comprise Statutory Rules 1977 No. 206 amended as indicated in the Tables below.

Table of Statutory Rules

(a) Statutory Rules 1980 No. 334 and 1984 No. 361 were made under the Defence Amendment Act 1979.

Table of Amendments